Sadly I had my first ever accident today after 5 years of driving. I feel I am not at fault but the 3rd party is disputing liability.

I was at a red traffic light at a pedestrian crossing in a small town. I was the first and only car stopped there. The lights turned green but at that moment a cat ran into the road so I stayed stationery until I could guarantee I could move off without hitting the cat. Then, Bang, I am hit from behind by a businessman in a black 4x4 who then comes up to my window, banging on it and swearing at me, the normal "who taught you to drive" crap.

I had had my foot on the brake the whole time, so my brake lights had been on the whole time and I checked later that they are both working. So he could clearly see I was stopped. He says I am in the wrong because it was a green light so I should have been moving and not stationery. I say he is in the wrong because he hit me from behind, simple as. Added to that, I was very clearly stationery, my brake lights were on and it was a straight piece of road and he could easily see me from a long distance behind so he had ample time to spot me and slow down. He thinks just because it was a green light, it is always safe to go and you should just blindly move off regardless of any hazards. The weather was cloudy so he can't say he couldn't see my brake lights in the sun.

I'm fairly (but nervously) sure the insurance companies will agree it's 100% his fault and not mine, but being in my 20s and him in his 50s and probably with years of experience and hundreds of thousands of miles of driving, I am aware he will probably (a) lie very cleverly about what happened, and (b) try to influence the decision of the insurers. And me being young, the insurer won't hesitate to give me a fault claim so they get more money. My word against his, they will obviously go with him, there's no doubt about that, that's just life.

The police weren't called because there were no injuries, and the other guy was in a rush and didn't want to stop other than to exchange details and to patronise me about how I should be in nappies rather than behind a wheel. There were no witnesses, but there is a shop right by the traffic lights. I went in there and asked if their camera covers the crossing and the nice lady said it does so if need be I could ask the police/insurer to look at the CCTV to prove my case.

So in short, do I have a chance at being 100% not to blame?

I should think so, yes. I have always been taught that if you rear-end someone, it is ALWAYS your fault. He thought that you would have moved, but you hadn't, that's it tough luck and I suspect that he yelled at you all the more because he knows it too.

He didn't have enough visibility to see whether there were any reasons for you not to go, and he made an assumption based on the way HE would have reacted. If you have ever read Gridlock by Ben Elton, you'll know why this scenario sends shivers down my spine.

Anyway, I digress. Stand firm, don't let him intimidate you and make it clear to your insurance that you may be young but that doesn't mean you will accept liability when you know you're 100% in the right, and remind them that you pay them to fight your corner.

I was unfortunate enough to have an accident like that a few years ago, where the person in front of me didn't pull out at a junction where there was LOADS of time to do so before the next car. I assumed she would move, I started moving and BAM, hit her in the rear.

Never mind that through the momentum, I pushed her out onto the main road AND went though the give way too, and we both still had time to get through and then stop before the next car on the main road came through and didn't have to slow down , and that she had plenty of time to go through and should have. As far as the insurance was concerned, this was 100% my fault, there are no extenuating circumstances in this type of cases.

Good luck and stand firm. ;-)

176

You MUST NOT move forward over the white line when the red light is showing. Only go forward when the traffic lights are green if there is room for you to clear the junction safely or you are taking up a position to turn right.

ref: Road junctions (170-183) : Directgov - Travel and transport

(ignoring the bit about red lights)

Tom, I've dealt with motor claims for many years, and from your original post I would say that you are 100% blameless.

Absolute liability lies with the other driver, he has no defence and his insurers should accept liability without question.

Ignore all his rants at the scene of the accident, he was venting his anger at you for his own stupidity.

If you enocounter any resistance from his insurers post back here and we'll advise you how to deal with

Mossy

Hi, you hav'nt mentioned the extent of the damage to both vehicles.

As Mossycat says, you are not liable for this and with CCTV evidence, I would have reported the guy for driving without due care to the police. (You can report a driver for causing an accident as a result of a traffic offence, even if there are no injuries)

Anyway, get your estimate sorted, submit your claim to your insurers pointing out that you consider the third party liable (dont forget to mention the CCTV evidence) and as such you expect to recover all your un-insured losses (to include hiring a car while yours is being repaired).

If there is any dispute, write to the guy by recorded delivery stating that unless he settles your un-insured losses (excess, hire car ect) within 14 days, you will make an applictaion via the small claims court. You should include the line; 'I strongly advise you to forward a copy of this letter to your insurers'. Don't forget to keep a copy.

Keep us posted.

Hi all,

Thank you very much for your replies and good words, I really do appreciate it as I am a complete novice to accident/insurance protocol.

He hit me at about 10mph, as a result of which my boot doesn't open. I don't know what his damage is. There's a bit of a dent on my boot (his car was a lot higher than my Peugeot 306, as his is a 4x4) but I suspect there is some hidden damage underneath as often happens with rear-enders even at low speed.

Thanks for the advice, there are a lot of things you have all mentioned that I would have forgotten about myself, which I will mention on the claim form. I'll keep in touch, though I suspect I should be OK with the evidence:-|